Frances Koe, M.D., and Wills Valley Family Medicine, LLC v. Donna Ratliff, as personal representative of the Estate…

Summary

The Supreme Court of Alabama reversed the order granting a new trial because substantial evidence supported submitting contributory negligence to the jury and it was perceivable that the defense verdict was supported by the evidence. The court held that review of the evidentiary sufficiency underlying the new-trial order was governed by the applicable great-weight standard, with legal questions reviewed de novo. The evidence concerning Coumadin warnings, follow-up testing, communications, and missed appointments was sufficient to present a jury question concerning McBride's contributory negligence.